The Global Dispute on Geographical Indication Protection System among China-EU-USA and Its Implication for China
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The protection of geographical indications (GIs) has become an important concern for both developed and developing countries. Because of the flexibility in the TRIPs Agreement as to the systems of protection, diverse approaches have been adopted by several countries for the domestic protection of GIs. The purpose of this paper is to analyze the GI protection system, compare the characteristics of the European Union (EU), the United States of America (USA) and China in the GI protection system. The goal is to find out the differences among the three countries and the reasons for the differences through the typical three cases of evidence and evaluation. It is pointed out that there are certain problems in equilibrium between rights and obligations in China in GI protection．China should respect international rules in GI protection to realize its individual interests maximization．Furthermore, based on this observations this paper proposes the solutions to the problems existing in the protection of GIs in China. According to the study performed in this paper, the shortcomings of the Chinese GI protection system can broadly be summarized as follows: some geographical names are preemptively registered; GIs are collective rights, the generalization of the main group leads to the lack of brand value; the existing protection mode has conflicts; the dual model has limitations. Finally to address these shortcomings, in the conclusion of this paper, some solutions for developing GI strategies are mentioned.
Abstract
The protection of geographical indications (GIs) has become an important concern for both developed and developing countries. Because of the flexibility in the TRIPs Agreement as to the systems of protection, diverse approaches have been adopted by several countries for the domestic protection of GIs. The purpose of this paper is to analyze the GI protection system, compare the characteristics of the European Union (EU), the United States of America (USA) and China in the GI protection system. The goal is to find out the differences among the three countries and the reasons for the differences through the typical three cases of evidence and evaluation. It is pointed out that there are certain problems in equilibrium between rights and obligations in China in GI protection．China should respect international rules in GI protection to realize its individual interests maximization．Furthermore, based on this observations this paper proposes the solutions to the problems existing in the protection of GIs in China. According to the study performed in this paper, the shortcomings of the Chinese GI protection system can broadly be summarized as follows: some geographical names are preemptively registered; GIs are collective rights, the generalization of the main group leads to the lack of brand value; the existing protection mode has conflicts; the dual model has limitations. Finally to address these shortcomings, in the conclusion of this paper, some solutions for developing GI strategies are mentioned.
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